On July 9, 2021, President Biden
issued an executive order aimed at promoting competition
in the economy, including directing the Federal Trade Commission
(FTC) to consider exercising its rulemaking authority “to
curtail the unfair use of non-compete clauses and other clauses or
agreements that may unfairly limit worker mobility.”
On November 12, 2021, the FTC signaled it may be beginning to
act on President Biden's direction when it released for
public comment its draft
strategic plan for fiscal years 2022 to 2026, containing
various strategic goals and objectives. These goals and objectives
include “[p]rotect[ing] the public from unfair or deceptive
acts or practices in the marketplace”; “[p]romot[ing]
an open and competitive marketplace for the benefit of the
public”; “[i]dentify[ing], investigat[ing], and
tak[ing] actions against anticompetitive mergers and
practices”; “[e]ngag[ing] in research, advocacy, and
outreach to promote public awareness and
